Can I Be Fired for Reporting My Employer's Illegal Actions?

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Jun 12, 2017

Can I Be Fired for Reporting My Employer's Illegal Actions?

Posted By
Mahir Nisar Attorney at Law

It is against the law in New York for an employer to fire you because you
disclose evidence that the employer is engaged in illegal activity. This
is a form of
wrongful termination. If you are a “whistleblower” exposing any violation of the
law that “creates and presents a substantial and specific danger
to the public health or safety,” you are protected under
New York Labor Law from employer retaliation.

Manhattan Court Allows Whistleblower Case Against School to Proceed

While whistleblower cases are often associated with big stories like financial
fraud or environmental pollution, there are in fact many kinds of regulatory
violations that pose a risk to public safety. After all, the state does
not regulate something unless it believe it is necessary and in the public interest.

Consider an ongoing wrongful termination case from Manhattan. The plaintiff
worked as a clinical social worker for a “publicly-funded private
school that serves students with disabilities,” according to court
records. In 2015, the school's board of directors fired the school's
executive director. The board chairperson then assumed the role of executive
director herself.

The plaintiff objected to the chairperson's appointment because he
“did not possess the legally required qualifications” for
the executive director' position. The New York State Commissioner
of Education requires all “supervisory personnel” working
in schools to obtain particular certifications, which reflect the completion
of certain educational and experience requirements. The chairperson, by
the school's own admission, did not possess these certifications.

Nevertheless, the board allegedly ignored the plaintiff's complaints.
Eventually, the plaintiff brought his concerns directly to the Department
of Education. A week later, the plaintiff said he was fired in retaliation.
He sued the school and the chairperson for wrongful termination.

The defendants moved to dismiss the case on the grounds that the plaintiff
could not show there was any “substantial and specific danger to
public health or safety” as a result of the chairperson's lacking
the legal qualification to be executive director. The trial judge disagreed
and denied the motion to dismiss.

Manhattan Supreme Court Justice Arlene P. Bluth said in a
written opinion that the plaintiff has in fact alleged a “a large-scale threat [with]
many potential victims, including the students and staff” of the
school due to its decision to employ a legally unqualified administrator.
Bluth noted the state's certification requirements were not “aspirational”
or optional. The rules are designed to “ensure that students have
a safe environment in which to learn,” which is “especially
critical” at a school that handles students with disabilities. Indeed,
Bluth said the mere “threat” of harm was sufficient to justify
the plaintiff's actions.

Have You Been the Victim of Wrongful Termination?

You should never be put in a position in which you have to choose between
keeping your job and following the law. If you are aware of illegal activity
that threatens the public, but you fear retaliation from your bosses,
you should engage an experienced
New York employment law attorney who can inform you of your rights under the law. Contact the Law Offices
of Mahir S. Nisar in New York City or Long Island to speak with an attorney today.